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ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

18 October 2011 | Simon Weinberg

PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition Board...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 brand brand protection branding brands breach breach of competition law breaches Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition competition law competition law breach competition law regime competition regime contract contracts distribution distribution agreement distributor EC Treaty EU EU law Europe European Union European Union law fine Internet IP IP protection IPR IPR protection On-line Online online shopping online trading selective distribution TFEU trade mark trade marks trademark trademarks Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable vertical agreement void web content web site web site content web sites Website website content websites

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

27 May 2011 | Paul Gershlick

Nelsons supplied Bach Flower Remedies. Guna had been its distributor in Italy. Their distribution agreement had included several restrictions including a ban on Guna from advertising for orders from outside...

Tags on this discussion: agreement agreements anti-competition Article 101 Article 81 breach breach of competition law breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competi competition Competition Act Competition Act 1998 competition law competition regime competitor contract contracts distribution agreement EC Treaty EU EU law Euro defence Europe European law High Court TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void

It’s game over for Nintendo as it loses to Commission in anti-competitive distribution arrangements case – Activision Blizzard v European Commission, European Court of Justice

5 March 2011 | Mark Weston

The European Court of Justice has upheld a General Court ruling in favour of a European Commission fine of €168m in 2002 for a breach by Nintendo and some of its European distributors of Article 81 of...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law CJEU commercial agreement commercial agreements Commercial contract commercial contracts competition law computer games contract contracts Court of Justice of European Union Court of Justice of the European Union distribution agreement distributor EC Treaty EU Europe European Commission European Court of Justice European General Court European Union fine games console General Court General Court of the European Union illegal IT parallel import parallel importing TFEU Treaty on the Functioning of the European Union unlawful

New version of Incoterms launched

24 September 2010 | Paul Gershlick

The International Chamber of Commerce has launched a new version of Incoterms. It comes into effect on 1 January 2011. The rules create uniformity regarding certain key principles with international trade,...

Tags on this discussion: agreement commercial commercial agreement Commercial contract commercial contracts commercial law distribution agreement duties ICC Incoterms Insurance International International Chamber of Commerce risk tax taxes title

Contracting parties’ mistake can be rectified despite entire agreement clause – Surgicraft v Paradigm, High Court

13 July 2010 | Mark Weston

S made and distributed medicine and surgical products. S and P entered into a distribution agreement for P to be S’s distributor. P argued that the contract had wrongly stated the parties’ agreement...

Tags on this discussion: breach breach of contract burden of proof commercial agreement common mistake contract contract law contracts distribution agreement entire agreement clause High Court mistake rectification representation unilateral mistake

Sun comes from the East and West, so M-Tech loses parallel import case – Sun v M-Tech, High Court

7 January 2010 | Paul Gershlick

M-Tech was a parallel importer of Sun Microsystems’ computer hardware products, meaning it bought products with Sun’s registered trade marks on in one country and re-sold them in the UK at a profit....

Tags on this discussion: competition law consent distribution agreement EEA High Court Intellectual property intellectual property rights parallel import reseller summary judgment trade mark

Latest news and views tagged distribution agreement

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

It’s game over for Nintendo as it loses to Commission in anti-competitive distribution arrangements case – Activision Blizzard v European Commission, European Court of Justice

New version of Incoterms launched

Contracting parties’ mistake can be rectified despite entire agreement clause – Surgicraft v Paradigm, High Court

Sun comes from the East and West, so M-Tech loses parallel import case – Sun v M-Tech, High Court

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